Supreme Court Scrutinizes Waqf Amendment Act 2025

Supreme Court to Decide on Waqf Act’s Validity

The Supreme Court is currently hearing a number of petitions challenging the constitutionality of the Waqf (Amendment) Act 2025. A bench led by Chief Justice BR Gavai and Justice AG Masih will make the final determination.

Interim Measures Proposed, Then Reassigned

This case has already been reviewed twice by a previous bench, which included former Chief Justice Sanjiv Khanna. This bench proposed several interim orders to protect the rights of Waqf properties during the legal process:

• Properties already declared as Waqfs by courts shouldn’t be removed from that designation, whether they were established through ‘Waqf by user’ or ‘Waqf by deed’, until the court reaches a final decision.
• A provision in the amendment act that allows a Waqf property to be treated as non-Waqf during a government investigation into its ownership would not be enforced.
• All members of Waqf Boards and the Central Waqf Council must be Muslims, excluding any official appointees.

Solicitor General Tushar Mehta also stated that no ‘Waqf by user’ properties would be removed from Waqf status while the case was ongoing. However, the petitions were ultimately transferred to CJI Gavai’s bench due to former CJI Khanna’s retirement on May 13th.

Stay Tuned for Updates

This is a developing story, and we will continue to provide live updates from the Supreme Court hearing.